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(영문) 광주지방법원 순천지원 2017.05.31 2016고정222
주거침입등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the victim C (n, 62 years of age) and D, etc. who had entered into a monthly rent contract from around April 2013 and is actually in charge of house management as E's main agent in light of the fact that he/she resides in the monthly rent contract.

1. On June 6, 2015, from around 12:09 to around 12:30, the Defendant infringed upon the victim’s residence without the victim’s permission, on the ground that: (a) the Defendant demanded compensation of KRW 18 million out of the compensation paid to D as the F redevelopment Project at the place of the said residence; (b) but was rejected; (c) the Defendant went into the said residence marina without the victim’s permission; and (d) infringed upon the victim’s residence.

2. In the same date and time as above, at the same place as above, the Defendant damaged the victim’s property by gathering 2 bicycles in a mast while playing a visit, including a string, yachting, and knife, and destroying 25 bicycles in an unclaimed market price, which is the victim’s ownership, before the house, by gathering 25 bits in an undeveloped market price, which is the victim’s ownership, and 5 bits around the house. The victim’s property was damaged by taking about 150 bits of unclaimed heading and ancient trees in the market price, which is the victim’s ownership, located near the house.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by C by the witness among the five-time public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment imposed on heavier property damage);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following circumstances, comprehensively taking account of the evidence duly adopted and examined by this Court, the act of entering the party branch office of the Defendant’s house as stated in the judgment.

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